III. Complex Cases - Joining Parties

1. There is PJ over him, and
2. Joining him will not destroy diversity

The court may either:

1. Proceed without A; OR
2. Dismiss the entire case

1. Whether an alternative forum is available;
2. The actual likelihood of harm to A; and
3. Whether the court can shape relief to avoid the potential harm.

An abseentee party is indispensable if the court decides to dismiss a case due to A's absence and inability to join.

When a defending party wants to bring in someone new (third-party defendant (“TPD”)) for one reason: the TPD may owe indemnity or contribution to the defending party on the underlying claim.

There is a right to implead within 14 days after serving answer; after that, court permission is needed.

1. File third-party complaint against TPD, AND
2. Serve process on the TPD (must have PJ over TPD)

• P can assert a claim against TPD, and
• TPD can assert a claim against P

Assess

1. SMJ (FQ or diversity)
2. Supplemental jurisdiction

Absentee wants to join a pending suit. She chooses to come in either as a P or a D. The court may realign her if it thinks she came in on the "wrong" side. Application to intervene must be "timely."

1. Intervention of right
2. Permissive intervention

A's interest may be harmed if she is not joined and her interest is not adequately represented now.

• A's claim or defense and the pending case have at least one common question.
  
• Discretionary with court; OK unless delay or prejudice.

One holding property forces all potential claimants into a single lawsuit to avoid multiple litigation and inconsistency.

All four must be present:

1. Numerosity
2. Commonality
3. Typicality
4. Representative is adequate

There are some questions of law or fact in common to class.

Rep's claims/defenses typical of those of the class

Rep will fairly and adequately represent class.

Type 1: "prejudice"
Type 2: Injunction or declaratory judgment
Type 3: "damages"

Injunction or declaratory judgment (not damages) sought because class was treated alike by other party.

EX. employment discrimination.

1. Common questions predominate over individual questions; AND
2. Class action is the superior method to hand the dispute.

1. It must define the class and the class claims, issues, or defenses.
2. The court must also appoint class counsel (most qualified candidate)

Type 1 & 2: no notice requirement
Type 3: the court must notify class members, including individual notice (usually by mail) to all reasonably identifiable members.

Type 1 & 2: every member of the class
Type 3: all class members except those who opted out of the class

1. FQ if claim arising under federal law
2. Diversity so long as the rep is diverse from all Ds and the amount in controversy exceeds $75k.

Requires at least 100 class members to be applicable